GCQFDISCIPLINE, SUSPENSION, AND
DISMISSAL OF
PROFESSIONAL STAFF MEMBERS
GCQFScope of District’s Authority to
Discipline an Employee
The District may exercise its authority to discipline an employee for misconduct that occurs: a) during the employee's work day; b) while the employee is on District property or while participating in school or work-related events; c) before or after regular work hours if the employee is engaged in activities on behalf of the District; d) off campus and during non-working hours, if there is a sufficient "nexus" between the employee's conduct and the District; and e) in any other circumstances in which the District can lawfully exert its authority to discipline an employee for misconduct.
District Disciplinary Action:
A. This policy has been adopted with the intent of giving the administration the broadest discretion in administering appropriate disciplinary action for employee misconduct.
B. Any professional staff member who engages in misconduct may be subject to one (1) or more of the following disciplinary actions:
1. Letter of reprimand.
2. Suspension with or without pay for up to ten (10) school days.
Nondisciplinary Actions
Not all administrative actions regarding an employee are considered "discipline," even though they relate to alleged misconduct by the employee. This policy has no application to any of the following:
A. The employee evaluation procedure or the resulting evaluations as they pertain to the adequacy of the employee's performance.
B. Informal counseling, oral warnings, or issuance of a letter of direction to an employee concerning instructions for future conduct.
C. Voluntary reassignments, with or without a reduction in pay or benefits.
D. Involuntary reassignments at the employee's same or higher rate of pay and benefits.
E. Non-renewal of employment when otherwise permitted by law.
General:
A. The Governing Board designates the Superintendent as the person to act on its behalf in these matters, except that only the Governing Board may impose a suspension of more than ten (10) days upon a teacher or certificated or non-certificated administrator or dismiss a teacher or certificated or non-certificated administrator.
B. A direct or indirect supervising administrator is authorized to impose a written warning, a letter of reprimand, or a suspension with or without pay for a period not to exceed ten (10) school days. The Superintendent is to be consulted when the administrator intends to recommend suspension with or without pay.
C. An employee is required to sign disciplinary and other personnel documents as an acknowledgment of receipt. A signature shall not be deemed to signify agreement with its contents.
D. An appeal process is included within this policy. Therefore, the District's grievance procedure does not apply to discipline imposed pursuant to this policy.
E. The administration may utilize a system of progressive discipline or may initially impose or recommend more serious discipline, depending on the nature and severity of the employee's misconduct. The District reserves the right to impose discipline or not to impose discipline.
F. This policy is not intended to restrict or eliminate the discretion traditionally afforded to supervising or District administrators to determine whether discipline is appropriate. Supervising or District administrators are therefore directed to use reasonable discretion in determining whether an alleged violation warrants discipline.
G. If, during an investigation additional misconduct is discovered, an employee may be disciplined for conduct that has occurred but that, at or near the time of misconduct, was not the subject of or identified as a reason for a specific action under this policy. In such cases, the employee will be apprised of the conduct and provided with an opportunity to respond.
H. The District reserves the right to amend this policy at any time. Any amendment shall be applied prospectively.
I. This policy shall not be applied in a manner that will impact an employee's status as an exempt employee under the Fair Labor Standards Act.
J. If alleged misconduct falls under Title IX or any other provision of law for which specific investigation or other required processes apply, the matter will be handled in accordance with those investigation or other required processes.
General Definition and Examples
of Misconduct
Misconduct means an act or omission that constitutes a breach of the employee's duties or obligations pursuant to the District's employment contract, policies, administrative regulations, or rules, or any act of omission that the District determines to be inappropriate or harmful to the District, District personnel, students, or the school community. Misconduct includes, but is not limited to:
A. Dishonesty, falsification or omission of information on the employment application or other written documents relating to obtaining and maintaining employment, falsification of time records or work records, or untruthfulness related to the job that could injure or jeopardize the District's interests.
B. Absence from work without authorization, excessive absences from work, and inappropriate use of leave.
C. Insubordination, disobedience, refusal to accept or to perform assigned duties, failure to perform assigned duties in a timely and expeditious manner, and incompetence. Insubordination includes lack of cooperation in any investigation conducted by the District. The District recognizes the employee's right to avoid self-incrimination under certain circumstances.
D. Misuse, unauthorized use, or abuse of District property or materials; theft or conversion of property or materials. This category of misconduct includes use of District equipment or materials for personal use or non-school employment, including but not limited to the computer equipment, software, and electronic information systems.
E. Giving a student preferential treatment in return for a gratuity, gift, or favor.
F. Violation of the District's non-corporal-punishment policy and/or inappropriate use of physical force or contact. This category of misconduct includes, but is not limited to, child abuse, child molestation, indecent exposure, sexual contact, or other sexual behavior involving a student or any child under the age of eighteen (18).
G. Failure to interact with a student/parent/co-worker in keeping with reasonably expected standards of interaction for educators.
H. Disrupting or obstructing the effective and orderly functioning of the District.
I. Unlawful use or possession of, or involvement with any narcotic drug, dangerous drug, marijuana, cocaine, drug paraphernalia or any controlled substance as defined by state and federal statute or regulation or of any imitations of the above.
J. Possession or consumption of alcohol on the job or on District property and/or demonstrating any evidence of or effect from consumption or use of alcohol or illegal drugs, whether consumed/used on the job, on District property, or prior to reporting to work.
K. Carrying or possessing a weapon, dangerous instrument, or explosive while on the job or on District property.
L. Immoral conduct if such conduct is likely to affect the employee's ability to perform assigned duties.
M. Failure to report to the immediate supervisor within five (5) days regarding 1) any felony charge, 2) any misdemeanor charge involving drugs, or 3) moral turpitude.
N. Violation of District policy regarding sexual harassment, including but not limited to making sexual advances toward other District employees or engaging in conduct that a reasonable man or woman would find offensive, abusive, degrading, discriminatory, and/or hostile.
O. Violation of the standards of ethics, conduct, and/or expectations found in statute, policies, or administrative regulations or rules.
Willful Misconduct
Willful misconduct means any misconduct that is repeated or frequent, or an intentional and unjustified violation of District policies. Willful misconduct shall be considered unprofessional conduct.
Willful misconduct may indicate that the employee is unfit to teach and/or has engaged in conduct that has a detrimental effect on students.
Sexual conduct with minors and/or students shall be considered willful misconduct, whether or not the employee is criminally prosecuted or convicted.
Initial Investigation of Alleged Misconduct and Discipline:
A. When allegations of employee misconduct are brought to the attention of the District by students, staff, parents or others, the administrator or another assigned investigator ("the investigator") shall engage in initial fact-finding to determine if a more formal investigation is warranted. The employee will be included in the initial fact finding unless prohibited to do so by law or the need for confidentiality. Those involved in a disciplinary matter shall consider the process confidential and shall disclose information or documents relating to the matter to others only when there is a legitimate business or other reason to do so.
B. If, after the initial fact finding, further investigation of alleged the misconduct is warranted, the employee alleged to have engaged in misconduct shall be provided notice of the alleged misconduct appropriate and/or necessary for the employee to meaningfully respond to the allegations. The employee has the right to representation at the initial conference and at any subsequent meetings the employee attends relating to the alleged misconduct. The administration is not responsible to inform the employee of the right to representation and is [CS1] not obligated to delay initial conference or subsequent meetings to accommodate the schedule of the employee’s representative. However, the investigator is encouraged to work with the employee and the employee's representative to schedule the initial conference at a mutually agreeable time. The employee shall provide the District with at least two (2) working days' prior notice of the employee's intent to have legal counsel present for any formal interview.
C. During the investigation, the employee shall be provided with the opportunity to provide the investigator with relevant documents and the names of relevant witnesses. The investigation will be conducted as promptly as possible given the circumstances.
D. The provisions of A.R.S. 15-549 shall be followed with respect to compulsory leave of absence for a certificated employee who is charged by criminal complaint, information, or indictment with any criminal offense that would be deemed cause for dismissal.
E. The District shall comply with the reporting requirements set forth in A.R.S. 15-514 (relating to reports of immoral or unprofessional conduct to the Arizona Department of Education).
F. As used in this policy, immoral conduct means conduct described in A.A.C. R7-2-1308 or any other conduct that is contrary to the moral standards of the community and that reflects an unfitness to perform the duties assigned to the employee.
Temporary Reassignment During an
Investigation or Disciplinary Process
If the Superintendent determines that the employee's immediate reassignment is necessary for health or safety reasons, to maintain the integrity of the investigation process, to protect the employee or others, or to prevent disruption to the District's operations, the employee may be temporarily reassigned by the Superintendent. Such reassignments are not disciplinary actions. Written confirmation of the reassignment shall be mailed or delivered to the employee within twenty-four (24) hours of the reassignment.
Procedure for Discipline Under A.R.S. 15-341
(Letter of Reprimand or a Suspension with or
without Pay for up to Ten (10) School Days)
After completion of the investigation, the supervising administrator or designated District administrator shall determine if a letter of reprimand or a suspension with or without pay for up to ten (10) school days is warranted. If so, the following procedures shall be followed:
Step 1 – Notice of Charge(s):
Upon the administrator's determination of the existence of cause to impose discipline, the supervising administrator shall notify the employee. The notice shall be in writing and shall be delivered in person or by first class mail. Receipt of notice shall be deemed to have occurred when the notice is personally delivered, or three (3) calendar days after it is placed in the U.S. mail.
The notice shall include the following:
A. The alleged conduct or omission on the part of the employee that constitutes the reason for discipline.
B. A scheduled meeting time between the administrator and employee. Such meeting shall be scheduled not more than five (5) working days after the date the employee receives the notice or as promptly as possible if good cause exists for a delay in scheduling the meeting.
C. Pending the results of the Step 2 hearing, a statement of the disciplinary action the administrator is considering (e.g., a letter of reprimand or, if applicable, the number of days of suspension with or without pay, up to ten [10] days).
Step 2 – Hearing
The discipline hearing shall be informal in nature, without adherence to the rules of evidence and procedure required in judicial proceedings. During the hearing:
A. The administrator shall provide the employee with notice of the alleged misconduct that warrants disciplinary action.
B. The employee may request to see relevant documentation relating to the charges. The employee's request will be granted unless doing so (with or without redaction) will compromise safety, student or staff identity, or for other good cause.
C. The employee shall be provided the opportunity to provide a response and any new information or additional response to the charges that the employee did not provide during the investigation.
D. If the administrator deems it necessary following the hearing, the administrator shall conduct any further investigation warranted before making a final decision regarding discipline.
Step 3 - Decision:
A. Within ten (10) working days following the hearing or conclusion of any further investigation that is conducted, the administrator shall, in writing, inform the employee of the decision. If the administrator decides no discipline is warranted, the administrator shall provide this information in writing to the employee. If the administrator decides to issue a letter of reprimand or impose a suspension with or without pay for up to ten (10) school days, the administrator shall provide the employee with written notice of the decision, which notice shall include the following information:
1. A statement of the disciplinary action being imposed.
2. The factual basis for the disciplinary action.
3. Any special conditions or limitations to be placed upon the employee during the disciplinary period, if any. (e.g., the requirement to remain off District property during a period of suspension).
4. Notice that the employee may prepare a written response and that the employee's written response will be attached to the notice of disciplinary action.
5. A statement that the written notice regarding discipline will be placed in the employee's personnel file.
6. Notice of the employee's right to appeal the decision, the name and contact information to whom an appeal may be submitted and notice that an appeal must be submitted in writing within ten (10) working days from the date of the notice.
B. The employee shall sign the notice of disciplinary action to affirm receipt of the document. The employee's acknowledgment of receipt shall not be deemed to signify the employee's agreement with its contents.
C. If the employee chooses to appeal of the decision, the imposition of any discipline shall be suspended pending the outcome of the appeal. If an appeal is not filed within the time required, the employee's right to appeal the discipline shall be deemed waived.
Step 4 - Appeal:
A. Appeal of a disciplinary decision is limited to one organizational level above the level of the administrator who imposed the discipline.
B. Only when the discipline is determined by the Superintendent shall the appeal be to the Board, which, at its discretion, may designate a person or persons to act on its behalf.
C. The appeal shall specifically describe the part of the determination with which the employee disagrees:
1. Determination was founded upon error of construction or application of any pertinent regulations or policies.
2. Determination was unsupported by any evidence as disclosed by the entire record.
3. Determination was materially affected by unlawful procedure.
4. Determination was based on violation of any statutory or constitutional right.
5. Determination was arbitrary and capricious.
6. The penalty was excessive.
In addition, the employee may include suggestions, proposed outcomes, or other remedies for the administration's consideration.
D. The administrator, the Superintendent, or, when appropriate, the Board or the Board-appointed designee will:
1. Schedule the appeal conference no sooner than five (5) workdays and no later than twenty (20) workdays after the date the appeal is received by the Administrator.
2. Allow the employee to present evidence relevant to the incident in question.
The employee has the right to representation during the appeal process. The administrator is not responsible to inform the employee of this right to representation.
The administrator, the Superintendent, or, when appropriate, the Board or the Board-appointed designee may uphold the discipline, modify the decision, overturn the discipline, or take other remedial or corrective action.
Such decision, along with specific direction as to the effective date of any discipline, shall be communicated to the employee within a reasonable amount of time following the appeal, not to exceed five (5) working days, unless the appeal is to the Governing Board, in which case the decision shall be rendered following the Board meeting at which the Board takes action on the appeal.
Suspension without Pay for More than Ten Days or Dismissal:
A. In the case of suspension without pay for more than ten (10) school days or dismissal, certificated employees shall be afforded the notice, hearing and appeal procedures set forth in applicable state statutes. Only the Governing Board has the authority to impose a suspension without pay for more than ten (10) school days or to dismiss a teacher or certificated administrator.
B. Upon a written statement of charges presented by the Superintendent and/or adopted by the Board that cause exists to dismiss or suspend a teacher for more than ten (10) days without pay, due process, written charges, and a hearing, if requested, shall be provided in accord with A.R.S. 15-539 et seq., and relevant regulations.
C. If charges have been adopted by the Governing Board stating cause, a teacher may be placed on administrative leave by the Board, per A.R.S. 15-540.
D. When the Superintendent presents a statement of charges wherein the alleged cause for dismissal constitutes immoral conduct, the Governing Board may adopt a resolution authorizing filing of a complaint with the State Board of Education.
E. Pending disciplinary action by the State Board of Education on a Governing Board complaint alleging immoral conduct, a teacher may be reassigned by the administrator or placed on administrative leave by the Board, per A.R.S. 15-540. When the Superintendent reasonably suspects or receives a reasonable allegation that an act of immoral or unprofessional conduct that would constitute grounds for dismissal or criminal charges by a certificated person has occurred, a report shall be made to the Department of Education by the Superintendent, per A.R.S. 15-514.
F. The Governing Board shall keep confidential the name of a student involved in a hearing for dismissal, discipline, or action on a teacher's certificate, with exceptions as noted in A.R.S. 15-551.
Teachers Working Under a
Short-Term Certification
Pursuant to A.R.S 15-538.02, a teacher who holds a teaching intern certificate, an emergency teaching certificate or another type of nonstandard certificate, that is valid for one (1) year or less, may be dismissed by the Board effective ten (10) days after delivery of the notice of dismissal to the teacher without complying with the requirements of A.R.S. conditions found in 15-537, 15-538, or 15-541. Notice of the Board’s authority to dismiss pursuant to this shall be included in each teacher's contract.
Adopted: June 23, 2021
LEGAL REF.:
A.R.S.
13-2911
15-153
15-203
15-341
15-342
15-350
15-503
15-507
15-508
15-514
15-536
15-538
15-538.01
15-538.02
15-539
15-540
15-541
15-542
15-543
15-549
15-551
41-770
CROSS REF.:
DKA - Payroll Procedures/Schedules
GCJ - Professional Staff Noncontinuing and Continuing Status
GCO - Evaluation of Professional Staff Members